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Minutes 03-24-81MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MARCH 24, 1981 PRESENT Simon Ryder, Chairman Garry Winter, Vice Chairman Lillian Bond Ezeli Hester Ronald Linkous Robert Wandelt Simon Zive Carmen Annunziato, City Planner Chairman Ryder welcomed everyone and called the meeting to order at 7:30 P.M. He introduced the members of the Board, City Planner and Recording Secretary. Chairman then recognized the presence in the audience of Vice Mayor Marty Trauger and Councilman Joe deLong. Up front, acting in place of Sue Kruse is Ms. Vivian Nebel. MINUTES OF FEBRUARY 24, 1981 Mr. Zive moved to accept the minutes as sent, seconded by Mr. Linkous. No discussion. Motion carried 7-0. ANNOUNCEMENTS Mr. Ryder then noted that there are two people who have been working with the Board and have been of tremendous help who are leaving or who have already left. In the first instance is Craig Grabeel, Assistant City Planner has been appointed to be Energy COordinator of the City of'Boynton Beach. Mr. Grabeel had an important part in preparing the Energy Element for incorporation in our Comprehensive Land Use Plan. He has now left the office of City Planner and I am sure that we all wish him well in his new endeavor. The other member is Sue Kruse who is about to leave Boynton Beach. She has been our Recording Secretary for the City Council also officiated at various meetings of advisory boards. She has always been very helpful, very efficient, and I feel that it will be quite difficult to replace her. Last month, Mr. Zive and Mr. Ryder attended a meeting of the Area Planning Board, which took place from 9:00 to 12:00 Thursday morning. The subject was Preparing Amendments for the State Act Which brought about the Comprehensive Land Use. Various amendments were discussed at this meeting. It was very interesting. Also present at this meeting was Council- man Sam Wright. Mr. Annunziato added his regrets at Mr. Grabeel's leaving for another field but happy that he will be contributing his talents in another area for the City, as Energy Coordinator. MINUTES - PLANNING AND ZONING BOARD MARCH 24, 1981 Mr. Annunziato went on to say that he hoped to incorporate Mr. Grabeel's comments on Energy through the Planning Office. The Board was told by Mr. Annunziato that the City has taken steps to fill the job of Assistant City Planner. Job is currently being advertised in local newspapers as well as in Tatlahassee and Gainesville. The City hopes to find someone with greatest skills that can be had for a relatively low number of dollars. Some people being phased out of Health Planning have indicated interest in the position. OLD BUSINESS Site Plan Approval Applicant: Burger King Corp. (Tabled) Raymon Cue, Agent Location: S.E. 18th Ave. at U.S. 1, southwest corner Project Description:Restaurant and Drive-thru Facilities Applicant: Century Bank, Inc. (Tabled) Location: S.E. 18th Ave. at U.S. 1, southwest corner Project Description:Relocation of parking lots to accommodate Burger King Development Chairman Ryder announced that two items previously tabled, Burger King Corp. and Century Bank, that Burger King will possibly be back with changes they see fit to make. The Board will probably have this to consider at next meeting. Mr. Hester made a motion to leave these items on the table, seconded by Mr. Zive. Motion carried 7-0. Mr. Hester then requested background information on Burger King. Chairman Ryder said he would get former Minutes and Agendas to him. At this point, Chairman Ryder gave Mr. Hester the pertinent facts. NEW BUSINESS Subdivision Project Name: Agent: Owner: Location: Description: Lake Eden Heights Subdivision Burl Gentry Summit Investment East side of Swinton Ave., across from S.W. 34th and 35th Avenues Twelve single family lots on 3.6 acres - 2 - MINUTES - PLANNING & ZONING BOA~RD MARCH 24~ 1981 Matter before Board is consideration and approval of the Master~ Plan. Previously the Developer had submitted a Pre-application, which is part of procedure~before making recommendation to City Council. Chairman Ryder went on to say that this is a matter of approval by the Planning & Zoning Board. The Board was then asked to refer to the plans before each of them identifying the new and existing streets, how the subdivision is to be divided and also indicates a survey and deals with~the matter of utilities. Chairman Ryder then turned the meeting over to City Planner, Mr. Annunziato. Mr. Annunziato went on to explain the location. It is on the south city limit on the east side of Swinton. It is east of S.W. 34th Ave. and extending eastward from Swinton; S.W. 35th Ave. is at this location on west side of Swinton. Property lies directly to the east of 34th & 35th Avenues as they intersect with Swinton. Proposal is to extend east,/ west road to the subdivision and then turn it into a north/ south manner to culminate in a cul-de-sac. The line which forms the southern boundary of this proposal is, in fact, the south city limits. The proposal provides for potential extension of this road south if that land ever becomes available. Adequate right-of-way will be dedicated adjacent to that property to provide for the extension of that still unnamed north/south road. The proposal divides property into two blocks resulting in 8 lots in block one and 4 lots in block two. Mr. Annunziato explained that at the Master Plan stage that it is the Board's responsibility to review the technical aspects of the plan concerning service. How the subdivision will be served with sewer, water, paving and drainage. Re- lationship to traffic and othecservices provided by the City. There are existing sewer and water lines in Swinton and also power which will serve this development. It is proposed that water will be extended eastward from 34th Avenue into the Subdivision project southward to the southerly limit of the Subdivision and then project westward back into Swinton and the existing water line. Mr. Ryder asked if this provided a loop and the answer was yes. Adequate fire protection will be provided. Sewers are currently in Swinton. Developer proposes to extend gravity line eastward from Swinton along the east/west road and then project that line south to serve these lots with gravity system. The Developer is also pro- posing to extend a gravity line in north/south manner along Swinton to serve lots 1 through 4 in block 1. Power and telephone will of course be located in proposed public rights- of-way. Mr. Ryder asked the direction of floW of sanitary sewer in street. Is it going north or south. Mr. Annunziato answered north. It will be a terminating manhole. - 3 - MINUTES - PLANNING & ZONING BOARD ¥~RCH 24, 1981 Mr. Zive questioned whether the City would have to build sewers. The City Planner explained that consistent with regulations, the City builds nothing. Everything proposed here is the responsibility of the Developer. Mr. Linkous inquired if a lift station would be required in that area. The City Planner replied no. Everything is by gravity. The Developer was then introduced~to answer questions. Chairman Ryder asked if there was any input from the Tech- nical Review Board? Mr. Annunziato answered as follows: from the utility department comes the only real proposed modification~that comes from Staff. In lieu of extending the gravity line on the east side of Swinton, Mr. Cessna~is suggesting that Lot 1 of Block 1 be tied right to end of proposed gravity line which will flow at S.W. 34th Avenue. Because of an existing sewer line on the west side of Swinton that one lateral be constructed across Swinton to serve Lots 2 and 3 forming a Y at right-of-way line. An additional lateral be constructed to serve Lot 4 on the west side of Swinton. This relieves the City of the res- ponsibility of owning and maintaining an additional 8" sanitary sewer line. Chairman Ryder asked if this will tie in to the existing line on the westerly side? A manhole is proposed at this location and a proposed sewer line which ties into an existing manhole. There will be only one sewer on Swinton. It will have sufficient capacity and will not need a dual system on both sides of the street. No under- ground garbage cans will be permitted. The Recreation Director has informed the Developer that a fee will be required in lieu of land dedication at time of final Plating. Chairman Ryder asked about the school problem. Mr. Annunziato replied that the School Board no longer recommends the four tenths of one percent transfer tax on new construction. They received authority from the legislature to increase the taxing power this year. As a result they are no longer doing this. At this point Mr. Annunziato urged the Board to approve this plan, Chairman Ryder asked if there were any questions from the Board and Mr. Linkous asked about the configuration of Lot 4, whether it would be contingent upon the street adjoining other property. The Builder replied that it was a buildable lot. Mrs, Bond inquired as to whether the street could be straightened out if the street would be extended. Mr. Gentry answered in the affirmative. She then asked if that portion would benefit that owner and Mr. Gentry replied that it could be dedicated to that owner. The Chair asked what average area per plot. Mr. Gentry replied that it was close to 10,000 sq. ft. Mr. Zive asked whether there would be two parking places per home and the answer was yes. Mr. Annunziato said that it was a zoning ordinance requirement. Chairman Ryder announced that subsequently they will be getting site plans. Mr. Annunziato - 4 - MINUTES - PLANNING & ZONING BOARD MARCH 24, 1981 stated that this would be the last review the Board will have of this subdivision because single family homes are exempt from site plan approval aside from plat approval. The Chair then recognized visitor Vice Mayor Marty Trauger Who inquired whether Lots 2 and 4 where you bring the sewer lines to the west side of Swinton...does that mean you have to cut up the street with a resulting perpetual bump? The Chair replied that it shouldn't be a perpetual bump but there would have to be a trench to put the sewer line in. Mr. Annunziato then said that the City would hold the developer uniquely and positively responsible for any construction on Swinton~, and so would the County. A guarantee would also be required of the developer. Mrs. Bond asked whether the new type of lighting will be used? Mr. Annunziato feels confident that it will. Mr. Zi~e inquired as to plans for beautification of area. The Chair replied that the Appearance Board would be acting on that phase. Mr. Linkous returned again to question of when street is extended what assurances to the owner of Lot 4 that the cul-de-sac would be removed. The Planne~ replied that there would be no assurance. However, the owner would have the right to request abandonment of that portion of the street. That there are specific state laws with respect to the aban- donment of public rights-of-way. Mr. Winter made the motion that the Lake Eden Heights Subdivi- sion be approved subject to staff comments and was seconded by Mrs. Bond. Motion carried 7-0. DISCUSS REVISION TO ZONING ORDINANCE The Chair then turned the meeting over to Mr. Annunziato, who explained weakness of the Zoning Ordinance in preparation of the Board revising it. This work program was presented to the Council earlier this year by the City Planner. He went on to advise the Board of some of the work ahead of them. The Chair asked if the Board had not enacted ordinances to bring zoning in line with the "Comp" Plan. The City Planner replied that they had. Mr. Ryder went on to say that the Comprehensive Land Use Plan prevails over any zoning regu- lations. Mr. Annunziato went on to explain working of Land Development Regulations. A discussion followed, which included explanation of municipalities that had designated reserve annexation areas. - 5 - MINUTES - PLANNING & ZONING BOARD MARCH 24, 1981 TRANSMITTAL OF DRAFT N.S.A. FINAL REPORT Copies of Draft Final Report was distributed by Mr. Annunziato to the Board members, who suggested that.the members take the document with them, prepare their comments for the next meet- ing when we can adjust it as a local planning agency. At that point he would like to incorporate the Board's comments into the plan and transmit it to the Council as a final report. Chairman Ryder asked if there were any questions. Mrs. Bond asked if a cut in the budget is expected? Mr. Annunziato does not feel that the program will suffer as a result of the President's cuts. Chairman Ryder mentioned that certain priorities have been set-up and the priorities are reflected in the budget. Mr. Linkous inquired as to when the Board meets to discuss this. Mr. Annunziato replied that the next meeting will be the second Tuesday in April and at that point in addition to the regular agenda there will be a reference to a meeting of the L.P.A. ADJOURNMENT Mr. Zive made a motion to adjourn, seconded by Mr. Wandelt. Motion carried 7-0 and the meeting was properly adjourned at 8:15 P.M. Respectfully submitted, Vivian D. Nebel Recording Secretary (One tape) -6- A G E N D A PLANNING AND ZONING BOARD Regular Meeting DATE: March 24, 1981 TIME: 7:30 P.M. PLACE: Council Cham~ers City Hall 1. Acknowledgement of Member's and Visitors 2. Reading and Approval of Minutes 3. Announcements Communications 5. Citizen's Awareness Presentation: None 6. Old Business: Site Plan Approval: 1. Applicant: Location: Legal Description: Project -Description: 2. Applicant: Location: Legal Description: Project Description: Burger King Corp. (Tabled) (Ramon Cue,.Agent) S.E.18th.Ave. at US 1, S.W. Corner See Survey Restaurant and Drive-thru Facilities Century Bank, Inc. , (Tabled) (J.Daniei Stephens, Vice Pres. ,Agent) S.E.18th. Ave. at US 1, SW Corner See Survey Relocation of Parking Lots to accommodate Burger King Development 7. New Business A. PUBLIC HEARINGS: None B. SUBDIVISIONS: Master Plans: PROJECT NA~: Lake Eden Heights Subdivision AGENT: Burl Gentry OWNER: LOCATION: Summit Investment E.Side of Swinton Ave., between S.W.34th and S.W.35th Avenue ~ DESCRIPTION: 12 single family lots on 3.6 acres. 8. Discuss Revision to Zoning Ordinance. 9. Transmitall of draft N.S.A.Final Report